SERVISFY ENTERPRISE TERMS OF SERVICE
Version 2.0 | Effective Date: 07/07/2026 | Last Updated: 07/07/2026
PART I
INTRODUCTION, ACCEPTANCE, DEFINITIONS, ELIGIBILITY, ACCOUNTS, SUBSCRIPTIONS & CUSTOMER RESPONSIBILITIES
1. INTRODUCTION
Welcome to Servisfy, an Artificial Intelligence-powered Service Operating System ("SOS") developed and operated by Else Digital Solutions Inc. ("Else Digital," "Servisfy," "Company," "we," "our," or "us").
These Enterprise Terms of Service ("Terms") constitute a legally binding agreement between Else Digital Solutions Inc. and the individual, organization, business entity, government agency, educational institution, or other legal entity ("Customer," "you," or "your") that accesses or uses the Servisfy Platform.
These Terms govern access to and use of:
- Servisfy Web Platform
- Servisfy Desktop Application
- Servisfy Business Mobile Application
- Servisfy Customer Mobile Application
- Servisfy APIs
- Servisfy Marketplace
- Servisfy AI Services
- Servisfy Voice Services
- Servisfy Scheduling Services
- Servisfy Messaging Services
- Servisfy SolutionBank
- Servisfy Organizational Memory
- Servisfy Analytics Services
- Servisfy Collaboration Services
- Servisfy Community Services
- Servisfy Service Graph
- Any future products, applications, APIs, software, or services made available under the Servisfy brand.
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
If you do not agree to these Terms, you must immediately discontinue use of the Platform.
2. PURPOSE OF THE PLATFORM
Servisfy is not merely a Customer Relationship Management (CRM) platform.
Servisfy is an integrated Artificial Intelligence-powered Service Operating System (SOS) designed to enable organizations to orchestrate customer communications, operational workflows, intelligent knowledge management, scheduling, collaboration, analytics, marketplace interactions, and AI-assisted decision support through a unified enterprise platform.
The Platform may include technologies and capabilities such as:
- Artificial Intelligence
- Large Language Models (LLMs)
- Workflow Orchestration
- Service Automation
- Operational Intelligence
- Conversational AI
- Voice AI
- Retrieval-Augmented Generation (RAG)
- Knowledge Management
- Predictive Analytics
- Organizational Memory
- Service Graph Technology
- Marketplace Infrastructure
- API Integrations
- Business Intelligence
The Platform is intended to improve operational efficiency while allowing organizations to retain appropriate human oversight over business processes.
3. ACCEPTANCE OF THESE TERMS
You accept these Terms by:
- creating an account;
- accessing the Platform;
- subscribing to any Servisfy service;
- clicking "Accept," "Agree," or similar buttons;
- using any feature of the Platform;
- accessing Servisfy through an API;
- integrating third-party software with Servisfy.
If you are accepting these Terms on behalf of an organization, you represent and warrant that you possess sufficient legal authority to bind that organization.
If you do not possess such authority, you must not use the Platform on behalf of that organization.
4. ELIGIBILITY
You may use Servisfy only if:
- you are legally capable of entering into binding agreements under applicable law;
- you are authorized to act on behalf of the organization using the Platform;
- your use complies with applicable laws and regulations;
- you are not prohibited from receiving the Services under applicable export control or sanctions laws.
Servisfy is intended primarily for business, governmental, educational, nonprofit, and professional use.
5. DEFINITIONS
For purposes of these Terms:
Account means an authorized Servisfy subscription.
Authorized User means an individual permitted by a Customer to access the Platform.
Customer Data means all information uploaded, stored, transmitted, or generated within the Customer's Servisfy environment, excluding Else Digital's proprietary technology.
Platform means the Servisfy ecosystem, including all software, applications, APIs, AI systems, communication infrastructure, and associated services.
AI Services means artificial intelligence technologies incorporated into the Platform.
SolutionBank means Servisfy's proprietary knowledge management system.
Workflow means any automated or manually configured operational process executed within Servisfy.
Service Graph means Servisfy's relational operational intelligence architecture linking communications, workflows, customers, organizational entities, knowledge assets, operational events, and business processes.
Organizational Memory means persistent knowledge accumulated through operational history within a Customer's environment.
Marketplace means Servisfy's marketplace infrastructure connecting customers, suppliers, service providers, and business partners.
Subscription means a paid or trial license to access the Platform.
6. ENTERPRISE ACCOUNTS
A Servisfy subscription is established for an organization rather than an individual unless expressly stated otherwise.
The organization is responsible for:
- designating administrators;
- managing Authorized Users;
- assigning permissions;
- ensuring lawful use;
- maintaining accurate information.
Administrators may:
- create users;
- remove users;
- assign permissions;
- configure workflows;
- manage integrations;
- access reports;
- configure AI features;
- administer subscriptions.
7. AUTHORIZED USERS
Each Authorized User must:
- maintain accurate account information;
- protect login credentials;
- comply with these Terms;
- use the Platform responsibly;
- report unauthorized access promptly.
Customers remain responsible for the activities of all Authorized Users accessing their Servisfy environment.
8. CUSTOMER RESPONSIBILITIES
Customers agree to:
- use Servisfy lawfully;
- maintain appropriate internal security;
- configure permissions appropriately;
- obtain necessary customer consents;
- comply with applicable telecommunications regulations;
- comply with privacy legislation;
- maintain accurate business information;
- monitor AI-assisted decisions where appropriate;
- supervise Authorized Users.
Customers are solely responsible for decisions made using Platform outputs.
9. ACCOUNT SECURITY
Customers are responsible for safeguarding:
- passwords/OTP;
- authentication devices;
- API credentials;
- administrator accounts;
- integration tokens.
Customers shall immediately notify Else Digital Solutions Inc. of suspected unauthorized access.
Else Digital Solutions Inc. may suspend compromised accounts to protect Customers and the Platform.
10. SUBSCRIPTIONS
Servisfy is offered under subscription plans that may include:
- Free Plans;
- Trial Plans;
- Professional Plans;
- Business Plans;
- Enterprise Plans;
- Government Plans;
- Education Plans;
- Custom Enterprise Agreements.
Available features vary by subscription tier.
Else Digital Solutions Inc. reserves the right to modify plan features, provided such modifications do not materially reduce paid core functionality during the current subscription term except where required for security, legal compliance, or technical necessity.
11. FREE TRIALS
Else Digital Solutions Inc. may offer free trials.
Trial subscriptions:
- may have limited functionality;
- may expire automatically;
- may be converted into paid subscriptions if agreed by the Customer;
- may be terminated at any time.
Trial data may be deleted following expiration unless otherwise specified.
Customers are encouraged to export important data before trial expiration.
12. SUBSCRIPTION RENEWAL
Unless otherwise agreed in writing, subscriptions automatically renew for successive billing periods unless cancelled before the renewal date.
Customers may disable automatic renewal through the Platform or by contacting Else Digital Solutions Inc., subject to applicable notice requirements.
13. SERVICE MODIFICATIONS
Else Digital Solutions Inc. continually improves Servisfy.
Accordingly, we may:
- introduce new features;
- improve AI capabilities;
- update workflows;
- enhance security;
- modify interfaces;
- retire legacy functionality;
- improve integrations.
Material reductions in paid functionality will be communicated in advance where reasonably practicable.
14. BETA FEATURES
The Platform may include:
- beta features;
- preview releases;
- experimental AI;
- early-access functionality.
Beta features:
- may change substantially;
- may be discontinued;
- may contain defects;
- may not be supported under production service commitments.
Customers use beta features at their own discretion.
15. PROFESSIONAL SERVICES
Else Digital Solutions Inc. may provide optional professional services, including:
- implementation;
- onboarding;
- migration;
- consulting;
- AI configuration;
- workflow design;
- custom integrations;
- training.
Such services are governed by separate statements of work or service agreements where applicable.
16. CUSTOMER CONFIGURATIONS
Customers control many aspects of their Servisfy environments, including:
- workflows;
- automation rules;
- escalation paths;
- SolutionBank content;
- communication channels;
- notification rules;
- AI confidence thresholds;
- approval workflows;
- scheduling rules;
- user permissions.
Customers are responsible for reviewing configurations before deployment.
17. COMMUNICATION SERVICES
Servisfy supports enterprise communications through multiple channels, including:
- WhatsApp;
- SMS;
- Email;
- Web Chat;
- Voice;
- VoIP;
- Push Notifications;
- In-App Messaging;
- Internal Collaboration.
Availability depends upon subscription level, geographic region, regulatory requirements, and third-party infrastructure providers.
Customers are responsible for obtaining all legally required consents before communicating with end users.
Servisfy-Originated SMS Messaging
Servisfy may offer optional informational and customer-care SMS messaging directly to end users relating to accounts, support requests, service requests, appointments, reminders, live service updates, and related service notifications.
This Servisfy-originated SMS program is separate from messaging initiated by Customers through the Platform and does not replace a Customer's responsibility to obtain any legally required consents for the Customer's own communications.
Participation in Servisfy-originated SMS messaging is voluntary and is not a condition of purchasing or using Servisfy services.
Message frequency varies. Message and data rates may apply.
Reply STOP to opt out of Servisfy-originated SMS messages. Reply HELP for assistance. For assistance with Servisfy SMS messaging, contact info@elsedigital.ca.
Wireless carriers are not liable for delayed or undelivered messages.
18. CUSTOMER REPRESENTATIONS AND WARRANTIES
By using the Platform, the Customer represents and warrants that:
- it has all necessary legal authority to use the Platform;
- Customer Data has been lawfully obtained;
- all required consents have been secured;
- use of the Platform complies with applicable laws and regulations;
- Authorized Users have been informed of applicable policies;
- information provided to Else Digital Solutions Inc. is accurate and current.
Customers further represent that they will not knowingly use the Platform in any manner that infringes the rights of third parties or compromises the security or integrity of the Services.
19. RESERVATION OF RIGHTS
Except for the limited rights expressly granted under these Terms, Else Digital Solutions Inc. retains all right, title, and interest in and to the Platform, including all associated intellectual property rights.
No rights are granted by implication, estoppel, or otherwise beyond those expressly stated in these Terms.
20. TERM OF THESE TERMS
These Terms become effective on the earlier of:
- your acceptance of these Terms;
- creation of a Servisfy account;
- first access to the Platform;
- first use of any Servisfy Service.
These Terms remain in effect until terminated in accordance with the termination provisions set forth herein.
PART II
AI SERVICES, PLATFORM LICENSE, ACCEPTABLE USE, INTELLECTUAL PROPERTY, MARKETPLACE, APIs & COMMUNICATION SERVICES
21. LICENSE GRANT
Subject to these Terms and the payment of applicable subscription fees, Else Digital Solutions Inc. grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Subscription Term to access and use the Servisfy Platform solely for the Customer's internal business operations.
This license permits Customers to:
- Access the Platform through approved interfaces.
- Create and manage organizational workspaces.
- Configure workflows.
- Use supported AI capabilities.
- Communicate with customers.
- Manage operational activities.
- Integrate approved third-party systems.
- Access reports and analytics.
No ownership rights are transferred to the Customer.
22. LICENSE RESTRICTIONS
Except as expressly permitted, Customers shall not:
- copy the Platform;
- modify proprietary software;
- reverse engineer;
- decompile;
- disassemble;
- create derivative works;
- circumvent security measures;
- remove proprietary notices;
- sublicense the Platform;
- lease or rent the Platform;
- commercially exploit the Platform except through its intended business use;
- use the Platform to build a competing service;
- perform model extraction or AI benchmarking intended to replicate Servisfy technology;
- attempt to discover source code or proprietary algorithms.
These restrictions survive termination.
23. SERVISFY AI SERVICES
Servisfy incorporates proprietary and third-party Artificial Intelligence technologies to enhance customer service, workflow automation, operational intelligence, and enterprise productivity.
AI capabilities may include:
- Natural Language Understanding
- Conversational AI
- AI Operator Copilot
- AI Ticket Classification
- AI Workflow Orchestration
- AI Scheduling
- AI Voice Assistance
- AI Resolution Recommendations
- AI Translation
- AI Summarization
- AI Sentiment Analysis
- AI Confidence Scoring
- AI Knowledge Retrieval
- AI Analytics
- Predictive Operational Intelligence
- AI Report Generation
AI features may evolve continuously as technology advances.
24. AI OPERATOR COPILOT
Servisfy may provide AI-generated assistance to operators and organizations.
Copilot functionality may include:
- Draft responses.
- Resolution recommendations.
- Suggested workflows.
- Ticket summaries.
- Knowledge retrieval.
- Suggested escalations.
- Service recommendations.
- Scheduling assistance.
- Customer history summaries.
- Suggested approvals.
Customers acknowledge that Copilot is intended to assist human decision-making and does not replace professional judgment.
25. AI AUTONOMOUS WORKFLOWS
Customers may configure Servisfy to execute certain workflows automatically.
Examples include:
- automatic ticket creation;
- automatic categorization;
- automatic routing;
- appointment scheduling;
- reminder delivery;
- automated notifications;
- AI-based escalation;
- workflow progression;
- reporting automation.
Customers remain responsible for configuring appropriate safeguards, approvals, and oversight.
26. SOLUTIONBANK
SolutionBank is Servisfy's proprietary enterprise knowledge system.
SolutionBank enables Customers to:
- maintain FAQs;
- store historical resolutions;
- organize operational procedures;
- maintain troubleshooting documentation;
- create reusable service knowledge;
- approve business knowledge;
- support AI-assisted responses.
Customer-created SolutionBank content remains Customer Data.
Else Digital retains ownership of the SolutionBank software, architecture, algorithms, and underlying technology.
27. ORGANIZATIONAL MEMORY
Servisfy may maintain persistent organizational memory to improve operational continuity.
Organizational Memory may include:
- historical workflows;
- previous resolutions;
- approved knowledge;
- customer interaction history;
- recurring issues;
- organizational procedures;
- AI confidence evolution;
- operational patterns.
This functionality is intended to preserve institutional knowledge and improve future service quality.
28. SERVICE GRAPH
Servisfy's Service Graph connects operational entities across the Platform.
Examples include relationships among:
- customers;
- tickets;
- operators;
- communications;
- workflows;
- appointments;
- documents;
- services;
- suppliers;
- approvals;
- analytics;
- SolutionBank articles;
- AI recommendations.
The Service Graph enables richer operational intelligence and workflow orchestration.
29. AI-GENERATED CONTENT
Servisfy may generate:
- responses;
- summaries;
- reports;
- workflows;
- translations;
- recommendations;
- documentation;
- operational insights;
- suggested resolutions;
- predictive analytics.
AI-generated outputs are informational tools.
Customers remain responsible for reviewing outputs before relying upon them for business decisions.
Else Digital makes no warranty that AI-generated outputs will always be accurate, complete, or appropriate.
30. ACCEPTABLE USE
Customers shall use Servisfy only for lawful and legitimate purposes.
Customers agree not to use the Platform to:
- violate applicable laws;
- transmit unlawful content;
- distribute malware;
- conduct phishing attacks;
- impersonate individuals;
- commit fraud;
- facilitate money laundering;
- support terrorist organizations;
- distribute illegal goods;
- exploit children;
- violate sanctions laws;
- infringe intellectual property;
- interfere with Platform operations;
- overload infrastructure;
- harvest personal information without authorization;
- circumvent authentication;
- abuse AI functionality;
- generate harmful content;
- perform prompt injection attacks;
- attempt unauthorized model extraction;
- use bots to abuse platform resources.
Violation may result in immediate suspension.
31. COMMUNICATION SERVICES
Servisfy supports enterprise communications through multiple channels.
Services may include:
- SMS;
- WhatsApp;
- Email;
- Voice;
- VoIP;
- Web Chat;
- Mobile Messaging;
- Push Notifications;
- Internal Messaging.
Customers are solely responsible for ensuring:
- lawful communications;
- required consent;
- telecommunications compliance;
- marketing compliance;
- consumer protection compliance.
32. VOICE SERVICES
Where enabled, Servisfy may support:
- inbound calling;
- outbound calling;
- AI-assisted voice;
- conference calling;
- intelligent routing;
- call recording;
- voicemail;
- voice transcription;
- voice analytics.
Call recording laws vary by jurisdiction.
Customers are solely responsible for complying with applicable consent requirements.
Servisfy is not an emergency communications service and must not be relied upon for emergency response.
33. MARKETPLACE SERVICES
Servisfy may include a marketplace connecting businesses, suppliers, service providers, and customers.
Marketplace participants are responsible for:
- the accuracy of listings;
- compliance with applicable laws;
- fulfillment of obligations;
- communications with counterparties.
Else Digital provides marketplace infrastructure only and is not ordinarily a party to transactions between marketplace participants unless expressly stated.
34. APIs AND INTEGRATIONS
Servisfy may provide APIs allowing integration with third-party systems.
Customers may use APIs only:
- in accordance with documentation;
- within published rate limits;
- using authorized credentials;
- for lawful purposes.
Else Digital reserves the right to:
- modify APIs;
- introduce new API versions;
- retire legacy APIs;
- suspend abusive API usage.
35. THIRD-PARTY SERVICES
Servisfy integrates with independent third-party providers.
Examples may include:
- cloud infrastructure;
- messaging providers;
- voice providers;
- payment processors;
- AI providers;
- identity providers;
- productivity platforms;
- ERP systems;
- CRM systems;
- accounting software.
Use of third-party services remains subject to their respective terms.
Else Digital is not responsible for third-party availability or performance.
36. CUSTOMER DATA
Customers retain ownership of all Customer Data uploaded to Servisfy.
Customer Data includes:
- customer records;
- tickets;
- workflows;
- conversations;
- appointments;
- uploaded documents;
- SolutionBank content;
- internal notes;
- reports;
- business knowledge.
Customers grant Else Digital a limited license to process Customer Data solely for providing the Services.
37. INTELLECTUAL PROPERTY
Else Digital Solutions Inc. and its licensors own all rights, title, and interest in the Platform, including all associated intellectual property rights.
Protected assets include:
- software;
- source code;
- object code;
- APIs;
- user interfaces;
- documentation;
- patents;
- patent applications;
- inventions;
- workflows;
- algorithms;
- AI architectures;
- Service Graph;
- Organizational Memory;
- SolutionBank software;
- trademarks;
- logos;
- trade dress;
- copyrights;
- databases;
- know-how;
- trade secrets.
Nothing in these Terms transfers ownership of Else Digital intellectual property.
38. TRADEMARKS
"Servisfy," Else Digital logos, trademarks, product names, slogans, and branding elements are protected intellectual property.
Customers may not use Servisfy trademarks except as expressly authorized in writing.
39. FEEDBACK
Customers may voluntarily provide suggestions, enhancement requests, feature ideas, comments, or feedback.
Unless otherwise agreed in writing, Else Digital may use such feedback without restriction or compensation.
Customers retain ownership of their underlying intellectual property but grant Else Digital a perpetual, worldwide, royalty-free license to use submitted feedback for improving the Platform.
40. FUTURE FEATURES
Else Digital may introduce future capabilities including:
- additional AI models;
- autonomous service agents;
- predictive intelligence;
- advanced workflow generation;
- video communications;
- digital identity services;
- marketplace enhancements;
- enterprise integrations;
- new APIs.
References to future functionality do not constitute a binding commitment to deliver specific features.
PART III
COMMERCIAL TERMS, CUSTOMER DATA, SECURITY, CONFIDENTIALITY, WARRANTIES, LIABILITY & INDEMNIFICATION
41. SUBSCRIPTION FEES
Access to certain features of the Servisfy Platform requires payment of subscription fees.
Subscription fees are determined by:
- Subscription tier;
- Number of licensed users;
- AI usage;
- Communication usage;
- Voice services;
- Storage allocation;
- Marketplace services;
- API consumption;
- Enterprise licensing;
- Custom contractual arrangements.
Current pricing is published through the Servisfy Platform or otherwise provided in writing.
42. BILLING
Unless otherwise agreed in writing, subscription fees are billed:
- monthly;
- annually; or
- according to an Enterprise Agreement.
Billing begins upon activation of the applicable subscription.
Invoices shall be payable in the currency specified during subscription or within the applicable Enterprise Agreement.
43. TAXES
Subscription fees exclude applicable taxes unless expressly stated otherwise.
Customers are responsible for payment of:
- GST;
- HST;
- PST;
- VAT;
- sales tax;
- withholding taxes;
- telecommunications taxes;
- digital service taxes;
- or any other applicable governmental charges.
Else Digital Solutions Inc. remains responsible solely for taxes imposed upon its own income.
44. PAYMENT METHODS
Customers authorize Else Digital Solutions Inc. or its authorized payment processors to charge approved payment methods for:
- subscription fees;
- communication charges;
- AI usage;
- marketplace fees;
- voice services;
- implementation services;
- professional services;
- applicable taxes.
Customers remain responsible for ensuring payment information remains current.
45. LATE PAYMENTS
Failure to pay invoices when due may result in:
- suspension of Services;
- restricted functionality;
- removal of AI capabilities;
- communication restrictions;
- account suspension;
- termination.
Else Digital reserves the right to charge reasonable interest on overdue balances where permitted by applicable law.
46. REFUNDS
Except where required by applicable law or expressly agreed in writing:
- subscription fees are non-refundable;
- unused subscription periods are non-refundable;
- communication charges are non-refundable;
- AI usage charges are non-refundable.
Nothing in this section limits statutory consumer rights where applicable.
47. PRICE CHANGES
Else Digital Solutions Inc. may revise pricing from time to time.
Material pricing changes affecting existing subscriptions shall be communicated in advance.
Continued renewal following the effective date of revised pricing constitutes acceptance of the updated pricing.
Enterprise Agreements remain governed by their negotiated pricing during the agreed contractual term unless otherwise specified.
48. CUSTOMER DATA OWNERSHIP
Customer Data remains the exclusive property of the Customer or its licensors.
Else Digital claims no ownership over Customer Data.
Customer Data includes, without limitation:
- customer records;
- communications;
- tickets;
- appointments;
- uploaded documents;
- SolutionBank content;
- workflows;
- notes;
- images;
- audio recordings;
- video recordings;
- reports;
- analytics generated specifically for the Customer.
49. LICENSE TO PROCESS CUSTOMER DATA
The Customer grants Else Digital Solutions Inc. a limited, worldwide, non-exclusive license to process Customer Data solely for the purposes of:
- providing the Services;
- maintaining Platform functionality;
- delivering AI capabilities;
- performing support;
- maintaining security;
- complying with legal obligations.
This license terminates upon expiration of applicable retention obligations.
50. CUSTOMER RESPONSIBILITY FOR DATA
Customers are solely responsible for:
- the legality of Customer Data;
- obtaining required consents;
- ensuring accuracy;
- maintaining backups where appropriate;
- compliance with applicable laws.
Customers represent that they possess all necessary rights to upload Customer Data into Servisfy.
51. DATA BACKUP
Else Digital maintains commercially reasonable backup procedures designed to support service continuity.
Customers acknowledge that:
- no backup system is infallible;
- Customers remain responsible for maintaining independent copies of mission-critical information where appropriate.
52. CONFIDENTIAL INFORMATION
Each party may receive confidential information from the other.
Confidential Information includes:
- trade secrets;
- software;
- source code;
- inventions;
- algorithms;
- pricing;
- customer lists;
- business strategies;
- security information;
- technical documentation;
- unpublished product plans;
- Customer Data.
Confidential Information excludes information that:
- becomes publicly available without breach;
- was lawfully known prior to disclosure;
- is independently developed;
- is lawfully received from another source.
53. CONFIDENTIALITY OBLIGATIONS
Each party agrees to:
- maintain confidentiality;
- use Confidential Information solely for authorized purposes;
- restrict access to authorized personnel;
- implement reasonable safeguards;
- prevent unauthorized disclosure.
Confidentiality obligations survive termination of these Terms.
54. SECURITY
Else Digital maintains a comprehensive information security program designed to protect:
- confidentiality;
- integrity;
- availability.
Security measures may include:
- encryption;
- access controls;
- role-based permissions;
- multi-factor authentication support;
- audit logging;
- network monitoring;
- vulnerability management;
- secure software development;
- incident response;
- disaster recovery planning.
Specific security controls may evolve as technology and industry practices develop.
55. CUSTOMER SECURITY RESPONSIBILITIES
Customers remain responsible for:
- user permissions;
- administrator security;
- endpoint protection;
- device security;
- password management;
- internal access policies;
- compliance with organizational security requirements.
Failure to maintain appropriate security may increase operational risk.
56. PRIVACY
Processing of Personal Information is governed by the Servisfy Privacy Policy.
Customers acting as controllers or businesses under applicable privacy legislation remain responsible for determining the lawful basis for processing Personal Information.
Else Digital acts as a service provider or processor where applicable.
57. COMPLIANCE WITH LAW
Customers agree to comply with all applicable laws, including laws relating to:
- privacy;
- telecommunications;
- consumer protection;
- employment;
- sanctions;
- export controls;
- accessibility;
- anti-corruption;
- anti-money laundering;
- taxation.
Customers are solely responsible for determining whether use of the Platform complies with applicable regulatory requirements.
58. SERVICE AVAILABILITY
Else Digital endeavors to maintain reliable Platform availability.
However, uninterrupted availability cannot be guaranteed.
Service interruptions may result from:
- maintenance;
- upgrades;
- security incidents;
- telecommunications failures;
- cloud infrastructure failures;
- force majeure events;
- third-party outages.
Where practical, planned maintenance will be communicated in advance.
59. SUPPORT SERVICES
Support services may vary by subscription tier.
Support offerings may include:
- email support;
- in-platform support;
- AI-assisted support;
- knowledge resources;
- onboarding assistance;
- enterprise support;
- implementation assistance.
Enterprise customers may receive enhanced support under separate agreements.
60. WARRANTIES BY THE CUSTOMER
The Customer warrants that:
- it possesses legal authority to enter these Terms;
- Customer Data is lawfully obtained;
- all required permissions have been secured;
- Customer use complies with applicable laws;
- Customer will not knowingly misuse the Platform.
61. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."
ELSE DIGITAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- RELIABILITY;
- AVAILABILITY.
Else Digital does not warrant that:
- Services will be uninterrupted;
- Services will be error-free;
- AI outputs will always be accurate;
- every operational objective will be achieved.
62. AI DISCLAIMER
Artificial Intelligence may generate inaccurate, incomplete, outdated, or inappropriate outputs.
Customers acknowledge that:
- AI recommendations require human judgment;
- AI-generated content should be reviewed before implementation;
- operational decisions remain the responsibility of the Customer.
Else Digital is not responsible for decisions made solely in reliance upon AI-generated outputs.
63. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELSE DIGITAL SHALL NOT BE LIABLE FOR:
- indirect damages;
- consequential damages;
- incidental damages;
- punitive damages;
- exemplary damages;
- special damages;
- lost profits;
- lost revenue;
- business interruption;
- reputational damage;
- loss of goodwill;
- loss of anticipated savings;
- loss of business opportunities.
64. LIABILITY CAP
Except for liabilities that cannot legally be limited, Else Digital's aggregate liability arising from or relating to these Terms shall not exceed the greater of:
- the total subscription fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim; or
- CAD $1,000.
This limitation applies regardless of the legal theory asserted.
65. EXCLUSIONS FROM LIABILITY LIMITATION
The limitations contained in these Terms shall not apply to:
- fraud;
- willful misconduct;
- death or personal injury caused by negligence where such exclusion is prohibited by law;
- liabilities that applicable law does not permit to be limited.
66. CUSTOMER INDEMNIFICATION
The Customer agrees to defend, indemnify, and hold harmless Else Digital Solutions Inc., its affiliates, officers, directors, employees, contractors, licensors, and agents from and against claims arising out of:
- Customer Data;
- Customer misuse of the Platform;
- violation of applicable law;
- infringement of third-party rights;
- unlawful communications;
- regulatory investigations caused by Customer conduct;
- breach of these Terms.
67. INTELLECTUAL PROPERTY INDEMNITY
Subject to the limitations contained herein, Else Digital will defend claims alleging that the unmodified Servisfy Platform infringes a valid third-party intellectual property right.
Else Digital may, at its option:
- obtain the right for continued use;
- modify the Platform;
- replace the affected functionality;
- terminate affected Services and refund prepaid unused subscription fees.
This section does not apply where claims arise from:
- Customer modifications;
- unauthorized integrations;
- misuse;
- third-party software;
- Customer Data.
68. INSURANCE
Else Digital may maintain commercially reasonable insurance coverage appropriate to its operations.
Enterprise customers may request certificates of insurance where contractually required.
69. AUDITS
Where required under Enterprise Agreements, Else Digital may reasonably cooperate with Customer security or compliance assessments, subject to:
- confidentiality;
- reasonable notice;
- mutually agreed scope;
- protection of proprietary information.
70. SURVIVAL
The following provisions survive termination:
- Intellectual Property;
- Confidentiality;
- Payment Obligations;
- Limitation of Liability;
- Indemnification;
- Governing Law;
- Dispute Resolution;
- Customer Data obligations;
- Audit rights where applicable;
- Any provision intended by its nature to survive termination.
PART IV
SUSPENSION, TERMINATION, COMPLIANCE, DISPUTE RESOLUTION & GENERAL LEGAL PROVISIONS
71. ACCOUNT SUSPENSION
Else Digital Solutions Inc. reserves the right to suspend all or part of the Services immediately where reasonably necessary to:
- protect the security or integrity of the Platform;
- investigate suspected fraud or unlawful activity;
- respond to a security incident;
- prevent abuse of AI systems;
- prevent unauthorized access;
- comply with applicable law;
- comply with court orders or regulatory directives;
- prevent harm to Customers or third parties;
- address non-payment of undisputed fees.
Where reasonably practicable, Else Digital will provide notice before suspension. However, advance notice is not required where immediate action is necessary to protect the Platform or comply with legal obligations.
72. TERMINATION BY THE CUSTOMER
The Customer may terminate its Subscription:
- at the end of the current billing period;
- in accordance with its Enterprise Agreement; or
- where permitted by applicable law.
Termination does not relieve the Customer of obligations accrued prior to termination, including payment obligations.
73. TERMINATION BY ELSE DIGITAL
Else Digital may terminate these Terms or suspend Services if the Customer:
- materially breaches these Terms;
- repeatedly violates the Acceptable Use Policy;
- engages in fraudulent or illegal activity;
- infringes intellectual property rights;
- abuses AI functionality;
- attempts unauthorized access;
- fails to pay undisputed fees after reasonable notice;
- becomes subject to sanctions or legal restrictions preventing continued service.
Where the breach is capable of cure, Else Digital will ordinarily provide a reasonable opportunity to remedy the breach before termination.
74. EFFECT OF TERMINATION
Upon termination:
- all licenses granted under these Terms immediately cease;
- Customer access to the Platform terminates;
- API credentials may be revoked;
- AI services cease;
- Marketplace privileges terminate;
- support obligations end unless otherwise agreed.
The Customer remains responsible for all outstanding fees accrued before termination.
75. DATA EXPORT
Subject to applicable law and any Enterprise Agreement, Customers may export Customer Data using available Platform tools for a reasonable period following termination.
Else Digital may impose reasonable technical limitations to protect Platform security and the rights of third parties.
76. DATA DELETION
Following expiration of applicable retention periods and subject to legal obligations, Else Digital may permanently delete Customer Data from production systems.
Certain information may be retained where required:
- by law;
- for accounting purposes;
- for fraud prevention;
- for legal defense;
- for security investigations;
- within encrypted backup systems until routine deletion cycles occur.
77. EXPORT CONTROL COMPLIANCE
Customers shall comply with all applicable export control laws and regulations, including those of:
- Canada;
- the United States;
- the European Union;
- the United Kingdom;
- and other applicable jurisdictions.
Customers shall not use the Platform in violation of export restrictions.
78. SANCTIONS COMPLIANCE
Customers represent that they are not:
- subject to comprehensive trade sanctions;
- owned or controlled by sanctioned persons;
- acting on behalf of sanctioned entities.
Customers shall not use Servisfy in violation of applicable sanctions laws.
Else Digital reserves the right to suspend or terminate Services where required by law.
79. ANTI-CORRUPTION
Customers agree to comply with all applicable anti-corruption and anti-bribery laws, including where applicable:
- Canada's Corruption of Foreign Public Officials Act;
- the U.S. Foreign Corrupt Practices Act (FCPA);
- the UK Bribery Act;
- and comparable legislation.
The Platform shall not be used to facilitate unlawful payments or corrupt practices.
80. ACCESSIBILITY
Else Digital is committed to improving accessibility and usability of the Platform.
Where practicable, Servisfy will be developed with consideration for recognized accessibility standards, including evolving international best practices.
Accessibility features may vary across products, devices, operating systems, and subscription tiers.
81. GOVERNMENT CUSTOMERS
Government entities using the Platform remain responsible for compliance with applicable procurement, records management, public sector privacy, and information governance laws.
Additional contractual terms may apply to government procurements.
82. OPEN SOURCE SOFTWARE
The Platform may incorporate open-source software components licensed under applicable open-source licenses.
Nothing in these Terms modifies the rights or obligations associated with such licenses.
Copies of applicable open-source licenses may be made available upon request where required.
83. THIRD-PARTY CONTENT
The Platform may display or integrate third-party content, applications, or services.
Else Digital does not endorse or guarantee:
- third-party products;
- external websites;
- supplier listings;
- marketplace participants;
- integrated applications.
Customer use of third-party services remains subject to applicable third-party terms.
84. PUBLICITY
Unless otherwise agreed in writing, Else Digital may identify the Customer by name and logo in customer lists, case studies, or promotional materials.
Enterprise Customers may opt out through written notice.
Else Digital will not disclose Confidential Information in connection with such publicity.
85. FORCE MAJEURE
Neither party shall be liable for delays or failures resulting from events beyond its reasonable control, including:
- natural disasters;
- war;
- terrorism;
- civil unrest;
- epidemics;
- pandemics;
- labor disputes;
- internet failures;
- cloud infrastructure failures;
- utility outages;
- governmental actions;
- cyberattacks of extraordinary scope;
- failures of telecommunications infrastructure.
Affected obligations shall be suspended only for the duration of the Force Majeure event.
86. ASSIGNMENT
The Customer may not assign or transfer these Terms without Else Digital's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
Else Digital may assign these Terms:
- to an affiliate;
- in connection with a merger;
- acquisition;
- corporate restructuring;
- sale of substantially all assets.
These Terms bind successors and permitted assigns.
87. RELATIONSHIP OF THE PARTIES
Nothing contained in these Terms creates:
- a partnership;
- joint venture;
- agency;
- employment relationship;
- fiduciary relationship.
Each party remains an independent contractor.
88. NOTICES
Legal notices shall be delivered:
- through the Platform;
- by email;
- by courier;
- by registered mail;
- or by other legally recognized means.
Customers are responsible for maintaining accurate contact information.
Electronic notices satisfy any legal requirement that communications be in writing where permitted by applicable law.
89. ELECTRONIC SIGNATURES
The parties agree that:
- electronic signatures;
- click-through acceptance;
- electronic acknowledgements;
- electronic records
shall have the same legal effect as handwritten signatures to the fullest extent permitted by applicable law.
90. WAIVER
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision.
A waiver is effective only if made expressly in writing.
91. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
The invalid provision shall be interpreted, modified, or replaced to the minimum extent necessary to preserve the original commercial intent.
92. ENTIRE AGREEMENT
These Terms, together with any incorporated documents, including but not limited to the:
- Privacy Policy;
- Data Processing Addendum (where applicable);
- Service Level Agreement (where applicable);
- Enterprise Subscription Agreement;
- Order Forms;
- Statements of Work;
- Acceptable Use Policy;
- AI Transparency Policy;
constitute the complete agreement between the parties concerning the Services and supersede all prior discussions, negotiations, representations, and agreements relating to the subject matter herein.
93. ORDER OF PRECEDENCE
In the event of any inconsistency, the following order of precedence shall apply:
- Executed Enterprise Subscription Agreement or Master Services Agreement (if any);
- Executed Order Form;
- Data Processing Addendum;
- Service Level Agreement;
- These Enterprise Terms of Service;
- Acceptable Use Policy;
- Privacy Policy;
- Platform Documentation.
94. GOVERNING LAW
Unless otherwise required by mandatory law or expressly agreed in writing, these Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
95. DISPUTE RESOLUTION
The parties shall first attempt in good faith to resolve any dispute through informal negotiations.
If a dispute cannot be resolved within thirty (30) days, either party may request confidential mediation.
If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration conducted in Alberta, Canada, under the applicable arbitration legislation, unless the parties mutually agree otherwise or applicable law requires a different forum.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction to protect intellectual property, confidential information, or other rights requiring immediate protection.
96. CLASS ACTION WAIVER
To the extent permitted by applicable law, disputes shall be resolved solely on an individual basis.
Neither party shall participate as a plaintiff or class member in any purported class, representative, or consolidated proceeding arising out of or relating to these Terms.
Where mandatory law prohibits such a waiver, this provision shall apply only to the maximum extent legally permissible.
97. LANGUAGE
These Terms have been prepared in the English language.
Where translated versions are provided for convenience, the English version shall prevail in the event of any inconsistency, unless applicable law requires otherwise.
98. CONTACT INFORMATION
Else Digital Solutions Inc.
Operating as Servisfy
Email: support@servisfy.com
Website: https://servisfy.com
Business Address: [Insert Registered Alberta Business Address]
99. FUTURE EVOLUTION OF THE PLATFORM
The Customer acknowledges that Servisfy is an evolving enterprise technology platform.
Else Digital may introduce new capabilities, including but not limited to:
- Artificial Intelligence models;
- autonomous multi-agent systems;
- advanced workflow orchestration;
- predictive operational intelligence;
- Service Graph enhancements;
- Organizational Memory improvements;
- enterprise integrations;
- marketplace capabilities;
- scheduling technologies;
- voice and video communication features;
- analytics engines;
- automation services;
- future Service Operating System ("SOS") components.